Advisory Planning Commission
Regular MeetingCollege Park, MD · October 7, 2021
Minutes
CITY OF COLLEGE PARK ADVISORY PLANNING COMMISSION
8400 BALTIMORE AVENUE, COLLEGE PARK, MARYLAND 20740
TELEPHONE: (240) 487-3538
ADVISORY PLANNING COMMISSION
Approved Minutes of Meeting
October 7, 2021
(Due to COVID-19 Pandemic, this was a Virtual Meeting)
Members Present Absent
Stephanie Stullich, Chair x
Santosh Chelliah, Vice-Chair x
Daejauna Donahue x
Vernae Martin x
Kiersten Johnson x
Malaika Nji-Kerber x
Also Present: Planning Staff – Terry Schum, Miriam Bader and Theresheia Williams;
Attorney - Susan Cook
Stephanie Stullich left the meeting after item V, CPD-2021-02.
I. Call to Order and Amendments to Agenda: Santosh Chelliah (serving as
meeting Chair due to the Chair, Stephanie Stullich, being overseas) called the
meeting to order at 7:32 p.m. and made a motion to modify the agenda to move
item VIII to item V. Malaika Nji-Kerber seconded. Motion carried 5-0-0.
II. Approval of the Agenda: Stephanie Stullich moved to approve the agenda as
modified. Daejauna Donahue seconded. Motion carried 5-0-0.
III. Approval of Minutes:
Stephanie Stullich moved to adopt the minutes of August 5, 2021. Kiersten Johnson
seconded. Motion carried 5-0-0.
IV. Public Remarks on Non-Agenda Items: There were no Public Remarks on Non-
Agenda Items.
V. Formerly item VIII
CPD-2021-02 Departure from Section 190-9 of the City of College Park Code
Applicant: Maryland Jewish Experience, Inc.
Location: 7403 Dartmouth Avenue
Santosh Chelliah explained the hearing procedures and placed witnesses under oath.
Miriam Bader summarized the staff report. The applicant is proposing to construct a
cultural center addition to the rear of an existing single-family dwelling. The
applicant is seeking Departures from the number of required parking spaces and
from parking design standards to maintain the residential character of the area. The
property is improved with a single-family residence, a porch, detached garage and a
gravel, dirt driveway. The property is located on the east side of Dartmouth
Avenue, approximately 200-feet south of the College Avenue intersection. The Old
Advisory Planning Commission Minutes
October 7, 2021 – Page 2
Town neighborhood is comprised of a mix of single-family homes and small
multifamily apartment buildings.
The Prince George’s Department of Public Works and Transportation requires a 30-
foot-wide commercial driveway apron. Section 27-568 of the Prince George’s
County Zoning Ordinance requires 2.0 parking spaces per single-family residence
and 2.5 parking spaces per 1,000 square feet of gross floor area for cultural centers.
Staff recommends approval of the requested departures, with the following
conditions:
1) HAWP is obtained prior to the building permit.
2) A parking hub and/or bike racks for Micro-mobility Share be provided
on-site with a use agreement with the city.
3) If the Meor Cultural Center ceases to exist, no other cultural center shall
be permitted without filing a new Departure application.
Stephanie Stullich asked why are the bike racks located in the front instead of the
back?
Terry Schum stated that the bike racks are suggested for the front because the
Micro-Mobility Share program that the City contracts with, VeoRide, requires that
vehicles be parked within a parking hub or at a bicycle rack. For the program to
operate efficiently, the vehicle has to be visible from the street. If they were parked
in the back, it would be difficult for the program staff to administer to swap out
batteries or remove the vehicles if they e been there too long. The bike racks can
also be used with ordinary bicycles. Staff doesn’t think it will detract from the
residential character.
Stephanie Stullich asked where would the bike racks be located in the front of the
property?
Isabel Ahman, architect, stated that the bike racks will go to the left of the
driveway.
Santosh Chelliah asked if the bike racks will accommodate all bicycles, or will
there be a special rack just for VeoRide bikes?
Miriam Bader stated that the bike racks will be able to accommodate both.
Terry Schum stated that the City is trying to add more bike racks to accommodate
the popularity of the vehicles. If parking is not provided the vehicles get left in the
middle or yards and block driveways.
Kiersten Johnson stated that she thinks it was a great idea to add bike racks instead
of parking spaces to meet the needs and in a more environmentally friendly way.
Malaika Nji-Kerber asked if the properties around the proposed property are all
occupied as residential? How would it impact the neighbors and if they were
notified? Also, is this the only structure of its kind in the area?
Advisory Planning Commission Minutes
October 7, 2021 – Page 3
Miriam Bader stated that the departure and variance process requires that we notify
all the adjoining property owners, so if they share a property line, they were sent a
letter. There are several other cultural centers located in College Park. Cultural
Centers are permitted in the R-55 zone. There are also several residential properties
located nearby. The Meor Center has been operating in the neighborhood for
several years, the center is just relocating to this location.
Malaika Nji-Kerber asked how would the traffic impact this street?
Nathanial Forman, attorney, stated that the use will be catered to University of
Maryland students who will be living on campus or off-campus and who will
mostly be using public transportation, bicycling or carpooling. We don’t think
there will be a lot of cars coming to or from the property.
Kiersten Johnson asked if brick pavers had been considered instead of asphalt since
they are permeable and more attractive, especially in front of the property where the
visual impact for the neighborhood would be more appealing.
Nathanial Forman stated that they will address this when they meet with the Local
Advisory Committee for the Historic Area Work Permit (HAWP).
Rabi Ari Koresty, applicant, testified that they hope that the center will be a
contributing resource from a living perspective in terms of the quality of life in the
neighborhood. Being an anchor of stability and long-term investment in the Old
Town neighborhood. They have been on campus operating for about 17 years and
have been located in a number of places in College Park. The cultural center is
low-key and deals with students in a religious and educational context. There are
small classes and events like barbeques. He stated that the parking departure is a
win-win all around. We want to limit traffic. We don’t want a lot of cars coming
and going. Most of the college students the center deals with do not have a car or
live in the Old Town community or nearby. It is our experience that we don’t need
more than a couple of parking spaces. As for the bikes/scooters, I would envision
them not being left there for a period of time, because the students will be coming
in and out, they don’t stay there for days at a time. We can place the bike rack as
unobtrusively as possible. I don’t mind where it is located, just as long as it is
accessible and satisfactory to the needs. We hope to make a positive impact on the
neighborhood.
Stephannie Stullich asked if the driveway will be as large as it is shown on the site
plan? She is concerned about the amount of impervious surface and suggests using
gravel material instead of asphalt.
Nathanial Forman stated that he doesn’t think the driveway material should be
addressed at this time because the departure is focusing on the size and dimensions
and material should be discussed during the HAWP process. The parking lot design
has gone through many transitions and revisions while working with the LAC and
the City of College Park and it was decided that four spaces would be sufficient
without turning the whole backyard into a parking lot. We are providing as much
parking as we are requested to provide and trying to minimize the amount of asphalt
Advisory Planning Commission Minutes
October 7, 2021 – Page 4
by reducing the drive aisle. There are still certain zoning and design requirements
that we have to meet.
Daejauna Donahue asked what is the intended occupancy of the cultural center
versus the full-time members that would be there daily and how could it impact the
need for parking spaces?
Rabi Ari Korestsy stated that the cultural center is a small with about 5 staff
members. During normal working hours, there is rarely one or two members there
at a time. When there is an event, maybe two or three times a week, there are
around 3 or 4 cars at the center. Even when the full staff is at the center there are
no more than four cars. Ninety percent of the time there are1 maybe 2 cars.
Malaika Nji-Kerber asked if there is a likelihood that someone would live or spend
the night at the residence?
Nathanial Forman stated that the site will be operating as two uses. The front
existing building will continue to operate as a single-family dwelling with 3 or 4
bedrooms. It will be leased out to residents and members of Meor and students of
the University of Maryland that are involved with Meor. They will be living there
full time. The Cultural Center will have staff and events in the evening. The
residence will have 4 on-street parking permits, which should accommodate any of
the residents that will be living there full time who may not be able to use one of the
parking spaces in the rear. The residence is also provided with 100 one-day/single-
use visitor passes per year. There is also 2-hour parking on Dartmouth Avenue
Monday through Saturday. There should be sufficient parking to accommodate any
visitors to the cultural center and residents and any guest of the residents.
Santosh Chelliah asked if the center needs three parking spaces, or would it be
possible to have two spaces and 1 handicapped?
Nathanial Forman stated that the Zoning Ordinance for these two uses indicates two
parking spaces for a single-family residence and 2 ½ spaces per 1,000 sf of gross
floor area for the cultural center. The minimum is 9 spaces, 2 for single-family and
7 for the cultural center. We could probably get by with just two spaces, but I don’t
think that will be the most practical and convenient for the center to occupy.
Terry Schum stated that staff was concerned about the impact on the neighborhood
in regard to parking. There is a need for additional parking. With a single-family
home, you can park two-cars tandem in the driveway and that’s fine. With the
cultural center, you have to provide additional parking including a handicapped
space. Staff felt that 4 spaces were the minimum they were comfortable with to
minimize the impact on the neighborhood. Staff would not recommend reducing the
number of parking spaces anymore from where they are now.
Santosh Chelliah asked if the handicapped space will be located on the street?
Miriam Bader stated that the requirement is that it is provided on-site close to the
entrance.
Advisory Planning Commission Minutes
October 7, 2021 – Page 5
Birgit Meade, 7405 Dartmouth Avenue, testified that Meor is a wonderful neighbor.
Meor has been her neighbor for a year. She appreciates the activities and has a good
relationship with the center. She has met some of the participants and finds them to
be a great addition to the neighborhood. I find the staff requirement about the 4
parking spaces very persuasive and have no argument about the recommendation. I
find it is generous reasoning for recommending 4 parking spaces instead of 9.
Leslie Montroll, 3202 Rhode Island Avenue, testified that she would like to support
Meor in what they are trying to do by having lesser parking spaces.
Commissioners reviewed the criteria that need to be met before the variance can be
granted and determined that:
2.1 The purposes of the applicable provisions of the Prince George’s County
Zoning Ordinance will be equally well or better served by the applicant’s
proposal.
a. To require (in connection with each building constructed and each new
use established) off street automobile parking lots and loading areas
sufficient to serve the parking and loading needs of all persons
associated with the buildings and uses.
The Zoning Ordinance requires 2 parking spaces for single-family use
and 7 parking spaces for a cultural center use (based on the gross floor
area) for a total of 9 required parking spaces. The Applicant is proposing
to provide 4 parking spaces (including one handicapped accessible
space). The Applicant states in the Statement of Justification that 4
parking spaces will be sufficient to serve their needs for the following
reasons: 1) The center will only have two staff people. 2) The center is
UMD student oriented. 3) The center is located within walking distance
and/or mass transit distance for most students. 4) Many of Meor’s
members are Orthodox Jews who do not drive on their Sabbath (Friday
night to Saturday night), and much of the programming occurs during
these “no driving” times, i.e., Friday night dinners and Saturday morning
services. 5) Many students don’t have cars and/or are very used to using
alternative transportation such as Metro-bus, Shuttle-UM, personal bike
or bike-share (bike, e-scooter or e-bike). 6) On-street parking, without a
permit, along Dartmouth Avenue (Zone 6) is available subject to a 2-
hour time limit. 7) The City has allocated a total of 4 on-street parking
permits for residents at this address. 8) One hundred (100) one-
day/single-use visitor passes are available per annum. The APC found
that 4 parking spaces will be sufficient to serve the needs of the cultural
center and single-family home.
b. To aid in relieving traffic congestion on streets by reducing the use of
public streets for parking and loading and reducing the number of
access points.
Four (4) off-street parking spaces will be provided that should be
sufficient for day-to-day needs. No new access points will be created.
Advisory Planning Commission Minutes
October 7, 2021 – Page 6
c. To protect the residential character of residential areas.
The main purpose of the three requested departures is to protect the
residential character of this historic neighborhood. The regulations being
imposed are commercial standards and not in keeping with the
residential character of the area.
d. To provide parking and loading areas which are convenient and
increase the amenities in the Regional District.
The proposed parking area located directly behind the house is
convenient to the residents of the house and users of the community
center. Loading spaces are not required for the proposed use.
2.2 The departure is the minimum necessary, given the specific circumstances of the
request.
The departures are the minimum necessary. Balancing the residential
character of the area against negative impacts to the neighborhood.
2.3 The departure is necessary to alleviate circumstances that are special to the
subject use, given its nature at this location or alleviate circumstances which
are prevalent in the district.
The departures are necessary to alleviate circumstances which are unique to the
subject use. The proposed use, a non-commercial cultural center, is required to
meet commercial site plan development standards that would negatively impact
the residential and locally designated historic neighborhood.
2.4. For departures from parking and loading standards, the Commission must also
find that all methods for calculating spaces required, (Division 2, Subdivision 3
and Division 3, Subdivision 3 of Part 11 of the Prince George’s County Zoning
Ordinance) have either been used or found to be impractical, and that parking
and loading needs of adjacent residential areas will not be infringed upon if the
departure is granted.
For the R-55 zone, there are no alternative formulas for calculating parking
spaces. As for infringing on residential areas, the intent of the Departure is not to
infringe on the adjoining residential area, aesthetically or functionally. The
Applicant is confident that the amount of parking spaces being provided will be
sufficient for their needs.
2.5. In making its findings, the Commission (APC) shall give consideration to the
following:
a. The parking and loading conditions within the general vicinity of the
subject property, including numbers and locations of available on- and
off-street spaces within five hundred (500) feet of the subject property.
Advisory Planning Commission Minutes
October 7, 2021 – Page 7
A 500-foot radius from the property could be defined with the following
boundaries: Eastern boundary-Metro station, Western boundary-Rhode
Island Avenue, Southern boundary-Calvert Road, and Northern
boundary-Howard Lane. According to the Parking Enforcement
Manager for the City of College Park, the east side of Dartmouth
Avenue is “No Parking” restricted between Calvert Road and Howard
Lane, but parking is permitted on the west side of the street. The City
Parking Enforcement Manager estimates this section of road can support
about 40 parking spaces. City Parking informed the Applicant that this
property can be allocated up to 4 on-street parking permits. Also, up to
100 one-day/single-use visitor passes are available per annum. And
finally, the College Park Metro Station parking lot is approximately 500
feet from the subject property.
b. The recommendations of an area master plan, or county or local
revitalization plan, regarding the subject property and its general
vicinity;
The property is in Old Town College Park Historic District. According
to the Design Guidelines Handbook, regarding new construction, the
guidelines emphasize “that new construction respect the surrounding
historic character of the historic district” (p. 56), that paving be
compatible (p. 57) and that “single-width driveways” (p. 57) be
encouraged.
c. The recommendations of a municipality (within which the property lies)
regarding the departure; and
Not applicable since the City of College Park has authority to decide this
case.
d. Public parking facilities which are proposed in the County’s Capital
Improvement Program within the general vicinity of the property.
Not applicable.
In making its findings, the Commission (APC) may give consideration to the
following:
a. Public transportation available in the area;
There are numerous public transportation options available in the
vicinity of the Subject Property including the College Park-U of MD
Metro Station (approximately a 5-minute walk from the Subject
Property). Metro’s Green, Yellow (and future Purple) lines stop at the
College Park-U of MD Metro Station, and the College Park MARC
Station is a short distance away. The College Park-U of MD Metro
Station serves as the terminus for WMATA Bus Route C8 which runs
between the College Park Metro Station and the White Flint Metro
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October 7, 2021 – Page 8
Station. Prince George’s County’s The Bus has two (2) routes that serve
College Park Metro Station: 14 and 17. Route 14 links College Park
Metro Station with Prince George’s Plaza Metro Station, while Route 17
provides service between IKEA and Mount Rainier. Finally, two (2)
Shuttle-UM routes stop in proximity to the Subject Property. Route 122
Green (which operates late into the evening) and 104 stop along Rhode
Island Avenue at both Knox Road and College Avenue, while 104 also
stops at College Park Metro Station.
b. Any alternative design solutions to off-street facilities which might yield
additional spaces.
More off-street parking spaces could be constructed on this property but
would be contrary to maintaining the residential character of the
neighborhood and minimizing the amount of impervious surface.
c. The specific nature of the use (including hours of operation if it is a
business) and the nature and hours of operation of other (business) uses
within 500 feet of the subject property;
The Subject Property will be a cultural center and single-family
dwelling. MEOR will operate throughout the day, but most of its events
are in the evening or on Saturday. There are no businesses within 500
feet of the Subject Property.
Stephanie Stullich moved to recommend approval of departure CPD-2021-02 based
on staff recommendation and the criteria outlined in the discussion. Malaika Nji-
Kerber seconded. Motion carried 5-0-0.
VI. CPV-2021-08 Variance to construct a driveway
Applicant: Mario J. Ovalle-Argueta, eta al and Daysi Santos
Location: 9741 51st Place
Santosh Chelliah explained the hearing procedures and placed witnesses under oath.
Miriam Bader summarized the staff report. The applicant is requesting a variance
of 78 square feet to allow parking in front of the house. The property is a
rectangular 50-foot by 110-foot lot with a total area of 5,500 square feet. The
property was built in 1950 and is improved with an 832.8 square foot one-story
frame house and two sheds.
Due to the location and configuration of the house, the property has narrow side
yards. One of the property owners has mobility issues, requiring parking that is
safe, convenient, and close to the house. Finding available on-street parking is often
challenging. The property owner proposes to remove one section of the fence
between two pillars on the right side of the lot to allow the construction of a
driveway.
Staff recommends approval of the requested variance to permit a driveway
encroachment in the front yard of 78 square feet (3 feet x 26 feet).
Advisory Planning Commission Minutes
October 7, 2021 – Page 9
Santosh Chelliah asked how many requests for driveways have there been on 51st
Place in the past?
Miriam Bader stated that she would have to look that information up. She stated
that the reason there are two on that street on tonight's agenda is because the City’s
Department of Public Works is doing a construction project on 51st Place that
involves repairing some of the existing driveway aprons. Residents without a
driveway talked with the city engineer about how to go about installing a driveway
at their home.
Maliaka Nji-Kerber asked if there are any plans to level the front yard before the
driveway is installed and will a walkway be part of the installation?
Miriam Bader stated that the applicant should be able to answer that question, but a
variance would not be needed to install a sidewalk.
Mario Ovalle, applicant, through an interpreter, testified that one of the property
owners has mobility issues and would feel safer exiting the vehicle closer to the
house. The applicant also stated that the front yard will be leveled, and a sidewalk
will be installed during the construction of the driveway.
Commissioners reviewed the criteria that need to be met before the variance can be
granted and determined that:
1) The property has an extraordinary condition in that the original 1950
construction and placement of the house created narrow side yards
(before the driveway encroachment amendment to the County Zoning
Ordinance in 2002) which don’t accommodate a standard-size
driveway (10-feet) without encroachment.
2) The strict application of the Zoning Ordinance will result in a
practical difficulty by not allowing the construction of a driveway,
which most homes on the street have, and that is needed to
accommodate one of the property owners with mobility issues.
3) Granting the driveway variance will not substantially impair the
intent or purpose of the applicable County General Plan or County
Master Plan since many of the properties with driveways in this
section of the block have encroachments in front of the house and the
property owners are requesting a ribbon driveway (two parallel tracks
paved with a hard material and separated by an unpaved area) which
will lessen the impervious surface on the property
Malaika Nji-Kerber moved to recommend approval of variance CPV-2021-08
based on staff recommendation and the criteria outlined in the discussion. Kiersten
Johnson seconded. Motion carried 4-0-0.
Advisory Planning Commission Minutes
October 7, 2021 – Page 10
VII. CPV-2021-09 Variance to construct a driveway
Applicant: Robert and Brittani Garner
Location: 9726 51st Place
Santosh Chelliah explained the hearing procedures and placed witnesses under oath.
Miriam Bader summarized the staff report. The applicants are requesting a variance
of 82.5 square feet to allow parking in the front of the house and a variance of 1.8%
or 94.27 square feet over the maximum lot coverage of 30% to construct a brick
paver driveway over a currently grassed area. The property is a trapezoid with a
width that varies from 44.15-feet to 51.79-feet in length for a total area of 5,280
square feet. The property is improved with an 836.27 square foot one-story house
that was built in 1950, a covered patio, and a shed with perimeter fencing.
Originally, the driveway was proposed to range in width from 10-feet to 13-feet due
to the unique shape of the lot. The applicant has now agreed to construct a driveway
with a consistent width of 10-feet. On-street parking is difficult, and they desire
parking that is safe, convenient, and close to the house.
Staff recommends approval of the requested variance to permit a driveway
encroachment in the front yard of 82.5 square feet (3 feet x 2.5 feet). Staff also
recommends a reduced lot coverage variance from the requested 1.8% (94.27
square feet) to 0.74% (39.27 square feet) which can be accomplished by
constructing a driveway with a consistent width of 10-feet with the condition that a
landscaped buffer will be provided between the driveway and the sidewalk.
Brittani Garner, applicant, testified that she would like to request that the proposed
condition for the two-foot spacer between the driveway and sidewalk be removed
and that a 1-foot spacer be provided instead. The pavers would be permeable
pavers. She also stated that she will be applying for the County’s stormwater rebate
program.
Susan Cook stated that the change may have legal relevance because if the sidewalk
is too close to a driveway then it would all have to be considered as lot coverage.
Commissioners might want to explore why the proposal is being modified.
Terry Schum stated that if there is no separation between the sidewalk and
driveway, they would merge and could possibly be driven over or could be parked
on. The walkway would be considered part of the driveway, and this would require
a larger variance.
Kiersten Johnson asked if the nature of the brick pavers requires less than the 2-feet
that is recommended by staff and what is the benefit of having the preferred
permeable pavers versus the potential of the two areas merging?
Susan Cook stated that staff would not have the legal authority to weigh the benefit
of pavers versus the two areas merging because they should both be considered
under the customary lot to be one area. She stated that her legal advice to staff and
the APC is that this is not something we could change during this hearing.
Advisory Planning Commission Minutes
October 7, 2021 – Page 11
The APC can remove this case from the agenda and reconsider it at a future
meeting. At that time, it would be analyzed as all one area because the two are so
close together.
Brittani Garner stated that there is no intention to drive on the sidewalk. Since it is
for aesthetic purposes only, she didn’t see the difference in one foot. She stated that
staff can continue with the plan as it was proposed.
Commissioners reviewed the criteria that need to be met before the variance can be
granted and determined that:
1) Regarding Driveway Encroachment-The property has an
extraordinary condition in that the original 1950 design and
placement of the house created narrow side yards that do not
accommodate a standard 10’-wide driveway.
2) Regarding Lot Coverage-The property has an exceptional shape: a
trapezoid. Originally, the Applicant proposed a driveway that varies
in width as it follows the side property line. The Applicant now
agrees to construct a consistent 10-foot-wide driveway. This change
will reduce lot coverage and provide a two-foot-wide green space
between the driveway
and the walkway to the front door, as well as an additional unpaved
area between the driveway and the side property line. Overall lot
coverage is reduced by 55 square feet or from 1.8% in the original
proposal to 0.74% as the Applicant had modified the proposal.
3) The strict application of the Zoning Ordinance will result in a
practical difficulty by not allowing a driveway that more than half of
the homes on the street have.
4) Granting the driveway variance will not substantially impair the
intent or purpose of the applicable County General Plan or County
Master Plan since most of the properties with driveways in the subject
block have encroachments in front of the house. After modification,
the new proposal increases lot coverage by only 0.74%, therefore,
lessening the impact on the neighborhood.
Kiersten Johnson moved to recommend approval of variance CPV-2021-09 based
on staff recommendation and the criteria outlined in the discussion. Maliaka Nji-
Kerber seconded. Motion carried 4-0-0.
VIII. CPV-2021-10 Variance to reconstruct and widen a driveway
Applicant: Paulela and Marie Guerda-Frederique
Location: 10114 51st Avenue
Santosh Chelliah explained the hearing procedures and placed witnesses under oath.
Miriam Bader summarized the staff report. The applicant is requesting a variance of
104 square feet to replace an existing concrete driveway (14-feet x 26-feet). The
Advisory Planning Commission Minutes
October 7, 2021 – Page 12
property is improved with a 1.5 story house, a fence, an attached garage and a 14-
foot driveway. The house was built in 1954 and is located on a corner.
Because of driveway deterioration, the property owners began demolishing the
concrete driveway; however, this was prior to obtaining County and City building
permits. A violation notice was issued on July 15, 2021. In aerial photos from
PGAtlas, it appears the driveway was widened between 1998 and 2000. There is no
building permit in the records for the 4-foot widening/encroachment.
Staff recommends approval of the requested variance to permit a driveway
encroachment in the front yard of 104 square feet (4 feet x 26 feet).
Paulela Guerda-Frederique, applicant, testified that the driveway was deteriorating
and cracking with grass growing through the cement. When it rains, water puddles
on the driveway and they have to walk on the grass. They decided to replace the
driveway but were unaware that they had to obtain County and City permits until
issued the violation notice.
Santosh Challah asked if the photo in the exhibits shows the current condition of the
driveway?
Paulela Frederique stated yes, it has been in that condition for a month.
Kristen Johnson asked if the driveway is curved or straight because it looks a
different shape in the site plan than in the exhibit photographs.
Miriam Bader stated that the site plan is accurate. When she went out to take
pictures, the driveway looked the same as the site plan. The appearance may look
different because of the angle of the lens on the camera.
Commissioners reviewed the criteria that need to be met before the variance can be
granted and determined that:
1) The property has an extraordinary situation because the driveway
was widened without a permit over 20 years ago. The Applicant
would like to correct this issue to allow him to repair the driveway
he has had for over 20 years.
2) The strict application of the Zoning Ordinance will result in a
practical difficulty by not allowing the repair of a driveway that has
existed in its current configuration for over 20 years. Also, the new
Zoning Ordinance that was adopted and may be implemented in the
next couple of months no longer regulates driveway encroachments.
3) Granting the driveway variance will not substantially impair the
intent or purpose of the applicable County General Plan or County
Master Plan since most of the properties with driveways in the area
have been widened and many encroach in front of the house.
Advisory Planning Commission Minutes
October 7, 2021 – Page 13
Maliaka Nji-Kerber moved to recommend approval of variance CPV-2021-10
based on staff recommendation and the criteria outlined in the discussion. Kiersten
Johnson seconded. Motion carried 4-0-0.
IX. Update on Development Activity Terry Schum reported on the following:
There is one minor subdivision case for a property in the Daniel’s Park subdivision
to change the lot line of the property to create an additional infill building site. The
case contains a lot of variances, but because it is part of the subdivision case, the
APC will not be hearing the variances. The variances will be heard by the Planning
Board when the subdivision case comes before them. The City Council will be
submitting its final recommendation to the Planning Board next week.
X. Other Business: There was no new business.
XI. Adjourn: There being no further business. The meeting was adjourned at 9:39
p.m.
Minutes prepared by Theresheia Williams
Agenda
College Park Advisory Planning Commission
Virtual – Zoom Meeting
October 7, 2021
7:30 p.m.
AGENDA
I. Call to Order and Amendments to the Agenda
II. Approval of the Agenda
III. Approval of Minutes (August 5, 2021)
IV. Public Remarks on Non-Agenda Items
V. CPV-2021-08 Variance to construct a driveway
Applicant: Mario J. Ovalle-Argueta, et al and Daysi Santos
Location: 9741 51st Place
VI. CPV-2021-09 Variances to construct a driveway
Applicant: Robert and Brittani Garner
Location: 9726 51st Place
VII. CPV-2021-10 Variances to re-construct and widen a driveway
Applicant: Paulela and Marie Guerda-Frederique
Location: 10114 51st Avenue
VIII. CPD-2021-02 Departure from Section 190-9 of the City of College Park Code
Applicant: Maryland Jewish Experience, Inc.
Location: 7403 Dartmouth Avenue
IX. Update on Development Activity
X. Other Business
XI. Adjourn
Topic: Advisory Planning Commission
Time: Oct 7, 2021 07:30 PM Eastern Time (US and Canada)
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Possible closed session pursuant to MD. Code Ann General Provisions
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